Allergan Class Action
On May 23, 2019, Thomson Rogers and Rochon Genova LLP issued a class action on behalf of Canadians who were implanted with breast implants manufactured and distributed by Allergan plc and several of its affiliates.
The proposed Canada-wide class action, filed with the Ontario Superior Court of Justice, alleges, among other things, that the defendants knew or ought to have known that the Allergan Implants were associated with breast implant-related illnesses, including several autoimmune, musculoskeletal and neurological disorders, numerous cognitive adverse health effects, as well as the development of breast-implant associated anaplastic large cell lymphoma (“BIA-ALCL”). In spite of having this knowledge, the defendants have failed to warn Canadian patients adequately or at all about these risks and have still not recalled the Allergan Implants in Canada.
The proposed Representative Plaintiff for Canadians with the Allergan Implants is a Toronto woman who has suffered from a variety of serious and debilitating adverse medical effects since having her implant surgery in January of 2014 and who says that if she had been told about the negative side effects of having the implants, or of the risk of developing cancer from the implants, she never would have had the surgery. She is anxious to have her implants surgically removed soon in order to alleviate her symptoms and to hopefully mitigate her risk of developing BIA-ALCL.
Kate Cahill, is a personal injury lawyer and a partner at Thomson Rogers. Kate is co-lead counsel on the Canadian class action against Allergan. Her practice focuses primarily on medical malpractice cases, including claims arising from obstetrical negligence, surgical negligence, emergency room negligence, medication errors, missed diagnoses and delayed diagnoses. Her medical litigation practice extends to representing people who have suffered injury as a result of defective medical devices or surgical implants. For more information on Kate, click here.
TORONTO – December 22, 2022: On December 21, 2022, Mr. Justice Morgan of the Ontario Superior Court of Justice granted certification of an expanded national class action against all originally named defendants following the contested certification motion that was heard on September 28-29, 2022. The case will now continue on behalf of:
(a) All persons who, between May 31, 1999 and May 29, 2019, were implanted in Canada with one or more BIOCELL® textured breast implants enumerated as follows:
Natrelle Saline-Filled breast Implants (Textured); Natrelle 410 Truform Silicone-Filled Breast Implants; Natrelle Silicone-Filled Breast Implants (Biocell Round); Natrelle Inspira Truform 1 (Responsive) Breast Implants (Textured Shell); and Natrelle Inspira Truform 2 (SoftTouch) Breast Implants (Textured Shell)
and/or other silicone gel-filled breast implants supplied by the Defendants, and their estates, administrators or other legal representatives, heirs or beneficiaries (“Expanded Primary Class Members”);
(b) All persons who, by virtue of a personal relationship with one or more Expanded Primary Class members, have standing to claim damages pursuant to section 61(1) of the Family Law Act, R.S.O. 1990, c. f.3, as amended, or analogous provincial legislation (“Expanded Family Class Members”).
The significance of this expanded certification is that Class Members who suffered from a broader range of ill-effects alleged to be related to their Allergan Breast Implants (including breast implant illness (“BII” or “ASIA”), premature rupture and the originally included breast-implant associated anaplastic large cell lymphoma (“BIA-ALCL”)), will now have their claims adjudicated in common.
Justice Morgan’s endorsement can be found here.
TORONTO – April 11, 2022: Mr. Justice Morgan of the Ontario Superior Court of Justice has granted partial certification of the national class proceedings as against Allergan Inc. on behalf of the following classes:
- All persons who, between May 31, 1999 and May 29, 2019, were implanted in Canada with one or more of the following BIOCELL® textured breast implants supplied by Allergan Inc.: Natrelle Saline-Filled Breast Implants (Textured); Natrelle 410 Truform Silicone-Filled Breast Implants, Natrelle Silicone-Filled Breast Implants (Biocell Round), Natrelle Inspira Truform 1 (Responsive) Breast Implants (Textured Shell), and Natrelle Inspira Truform 2 (Soft Touch) Breast Implants (Textured Shell).; and
- All persons who, by virtue of a family relationship with one or more Primary Class Members, have standing to claim damages pursuant to section 61(1) of the Family Law Act, R.S.O. 1990, c. f.3, as amended, or analogous provincial legislation.
The class action also advances claims on behalf of a broader group of claimants, including those who allege that the defendants knew or ought to have known that a broader category of Allergan Implants were associated with additional adverse effects, including breast implant-related illnesses, including several autoimmune, musculoskeletal and neurological disorders, numerous cognitive adverse health effects, in addition to premature rupture and the development of breast-implant associated anaplastic large cell lymphoma (“BIA-ALCL”), which are believed to be associated only with textured versions of the Allergan Implants. The motion to certify that broader class related to those additional categories of alleged harms will be proceeding on a contested basis on September 28-30, 2022.
The decision of Mr. Justice Morgan is available here.
UPDATE - May 28, 2019: Health Canada has suspended Allergan’s licence for its Biocell breast implants, having concluded that the potential risks associated with the implants outweigh the benefits, including the serious risk of BIA-ALCL, a serious type of non-Hodgkin lymphoma. Health Canada has stated that “possible risk factors and causes for the disease include the high surface area of the implants, genetic factors, and long-term (chronic) inflammation around the implant triggered by factors such as bacteria around the implant.” BIA-ALCL is a cancer that affects the immune system that may develop many months or years after a breast implant procedure.
Government of Canada (Recalls and safety alerts) – Health Canada suspends Allergan’s licences for its Biocell breast implants after safety review concludes an increased risk of cancer (English) (French)